Swanson

Settlement:  Ford

Counsel:

  Lavitt  

  Slown

During a third settlement conference on 10/30/06, IBU and WSF settled this matter. 

On 2/23/07, John Dryer noted that WSF is having some difficulty processing the retro vacation award for retirees; the new HRMS (state payroll system) has created problems. WSF is working to comply with the agreement.

On 3/23/07, IBU reported that retirees have received their checks. There are questions about some of the amounts.

On 4/27/07, John Dryer asked Dennis Conklin to provide a list of employees with reported errors in their checks.

On 7/27/07, John Dryer reported that WSF's payroll department will be sending a notice out to each employee explaining how their pay was calculated. During the 8/29 MEC meeting, AAG Slown confirmed this has occurred.

On 9/28/07, Dennis Conklin reported the parties plan to meet on 10/2/07 to discuss the play calculations, after which they will analyze reported paycheck errors.

On 10/26/07, John Dryer reported that the parties met again on 10/22 to try to resolve questions/issues around the retro pay. The issue is very complex--going back to 2001.

On 12/14/07, the parties reported they are still discussing this matter; some issues are resolved. 

On 1/25/08, John Dryer and Dennis Conklin reported they met on 1/23 and will be meeting again shortly. Mr. Dryer explained there are still several critical issues to answer. Once an agreement has been finalized, WSF will issue retro vacation payments and allow a short window of time for disputes.

On 2/29/08, Paul Ganalon, WSF Labor Relations, reported the parties met about 10 days ago and are scheduled to meet again 3/7 to continue discussion.

On 3/28/08, Margaret Pelland reported that the 3/7 meeting was cancelled.

Following the 3/28 MEC meeting, Paul Ganalon reported that the parties are working collaboratively to resolve the issue. They agreed on a base list of IBU members with accrued leave on 2/22; met again on 3/10; and are still discussing how leave accrual has been and will be calculated.

On 4/25/08, Paul Ganalon reported that the parties intend to stay after the MEC meeting adjourns to share some figures and discuss the issue further.

On 5/30/08, Paul Ganalon reported that he meets with IBU the first week in June. WSF is scheduled to issue vacation payments with the 6/10 payroll.

On 6/20/08, Paul Ganalon reported he met with IBU on 6/13. Checks were sent out on 6/10; the parties are discussing some unresolved issues with Payroll people in Olympia. They meet again on 7/3.

ACTION:  On 9/26/08, Paul Ganalon reported that payment has been sent to IBU members; however, IBU is not satisfied with the outcome. (Settlement conference for related Case 17-08 was conducted on 10/31/08.)

IBU v. WSF (Johnston et al.)

Sullivan

Settlement: Swanson

Counsel: 

  Lavitt

Swanson

Settlement: Cox Warren

Counsel: 

 Conklin/Pelland

On 2/7/08, the parties jointly requested the 2/11 settlement conference b*e postponed. Contract negotiations were also scheduled on that date. Mediator Sullivan granted the request; the settlement conference has been cancelled. MEC will contact the parties to reschedule.

On 3/26/08, the parties participated in a settlement conference with Commissioner Sullivan. On 3/28/08, IBU reported that WSF has provided some of the information. As of 4/16, the parties were ready to have another settlement conference scheduled for 6/9/08.

On 4/25/08, AAG Slown reported that WSF had provided all information IBU requested.

On 6/6/08, IBU requested the 6/9/08 settlement conference be continued. Commissioner Sullivan granted the request. The conference was continued to 10/16/08.

On 8/19/08, newly appointed Commissioner John Cox was substituted as Mediator for the settlement conference; however, his schedule conflicted with the settlement set for 10/16.

On 9/3/08, MEC reassigned Commissioner Warren as Mediator for Case 7-08. The 10/16/08 settlement conference was cancelled and rescheduled for 11/7/08.

Swanson

Settlement: Sullivan

Counsel: 

 Pelland/Conklin

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 2/29/08, Paul Ganalon, WSF, reported the parties are still scheduled to meet and discuss this complaint on 3/4.

On 3/18/08, Margaret Pelland advised MEC that IBU is ready to have settlement conference and hearing scheduled.

On 5/8/08, the parties participated in a settlement conference, but were unable to resolve the matter.

On 5/21/08, WSF filed a Motion to Make Complaint More Definite and Certain, requesting the Hearing Examiner order IBU to file an Amended Complaint to include specific information required by WAC 316-45-030(3).

On 6/3/08, Examiner Swanson issued Order Granting WSF's Motion.  The 6/26 hearing date and 6/12 answer date were cancelled.

On 6/13/08, MEC received IBU's Amended Complaint.

On 10/6/08, WSF filed its Answer to the Amended Complaint.

On 10/17/08, IBU counsel requested the 10/21 hearing be continued; witnesses were unavailable. WSF counsel did not object. Hearing Examiner Swanson cancelled the 10/21 hearing date. MEC staff will contact the parties to reschedule.

The parties continued settlement discussions on their own on 10/21, making significant progress. On 10/31, AAG Slown reported they intend to continue working on the issue. IBU has requested MEC schedule another settlement conference with mediator present.

Settlement: 

Counsel: 

 Conklin/Pelland

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 3/28/08, Margaret Pelland reported the parties met once and are still discussing the issue.

On 4/25/08, Paul Ganalon reported that WSF will share information with IBU at their next Labor Relations Committee meeting on 5/12.

On 5/30/08, Paul Ganalon reported that he is scheduling a meeting with IBU to also include Joe Escobar from Payroll in Olympia. IBU has questions that can only be answered by a payroll expert.

On 6/20/08, Paul Ganalon reported he is scheduling a meeting between the parties, Payroll and Accounting in Olympia.

On 7/25/08, the parties reported this matter is not yet resolved; they are trying to find a date to meet.

Settlement: 

Counsel: 

 Pelland

 Slown

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 3/28/08, Margaret Pelland reported that the parties met on 3/4/08. WSF is doing some research necessary to further discussion.

On 4/25/08, Paul Ganalon reported WSF is gathering information. The parties meet again to discuss the issue on 5/12/08.

On 5/30/08, Paul Ganalon reported that this issue involves other unions as well; the parties are attempting to resolve the matter.

On 6/20/08, Paul Ganalon reported he is trying to schedule a meeting with all involved unions to work out a solution.

On 7/25/08, Dennis Conklin reported that this matter has not been resolved. IBU is ready to have MEC schedule a settlement conference and hearing.

On 7/28/08, MEC received a letter from Paul Ganalon regarding status of the issue following a 7/18 meeting scheduled with WSF, IBU, MM&P and MEBA.

Warren

Settlement: Sullivan

Counsel: 

 Pelland

During the 4/18/08 settlement conference, the parties agreed to bargain this issue on 4/23 (their next scheduled contract negotiation date).

On 4/25/08, AAG Slown reported the parties met as planned on 4/23.

On 5/23/08, WSF filed its Answer to the Complaint.

The 6/20/08 hearing date was cancelled when MEC needed the date for rescheduling its June public meeting. Hearing was continued to 10/3/08.

ACTION:  On 9/25/08, WSF filed a Motion to Dismiss the complaint.

Warren

Settlement: Swanson

Counsel: 

  Duncan

On 6/23/08, the parties participated in a settlement conference with Chairman Swanson. The matter is still under discussion.

On 7/25/08, AAG Slown reported that he and MEBA Counsel are communicating over this issue.

On 7/30/08, MEBA Counsel Mike McCarthy notified MEC that the parties were not able to finalize a settlement and requested a hearing be scheduled.

Settlement:  Warren

Counsel: 

 Pelland

A settlement conference was scheduled for 7/15/08; however, on 6/25 MEC cancelled it in order to expedite another IBU matter (Case 21-08).

By phone on 7/22/08, IBU reported the parties are working on this.

On 7/25/08, AAG Slown reported he is reviewing a proposal from IBU Counsel Rob Lavitt. The parties are close to resolution on 3 of 4 issues. A settlement conference and hearing may need to be scheduled on one issue.

On 8/29/08, IBU requested MEC schedule the case.

On 10/31/08, the parties participated in a settlement conference with Commissioner Warren. Most of the issues are resolved.

On 11/14/08, IBU provided MEC with a copy of the parties' signed partial settlement agreement; several issues were resolved. The parties agreed that issues contained in Counts 2 and 3 of the complaint remain unsolved.

ACTION:  The hearing remains scheduled for 2/6/09. 

Warren

Settlement: Sullivan

Counsel: 

 Pelland

 Slown

On 7/21/08, the IBU and WSF participated in a settlement conference with Commissioner Sullivan; they were unable to resolve the issue. The parties are still discussion.

On 9/24/08, WSF filed its Answer to the Complaint. 

Warren

Settlement:  Swanson

Counsel: 

 Murray

Settlement: 

Counsel: 

 Murray

Slown

On 7/25/08, the parties participated in a settlement conference. Although the issue is not resolved, progress was made and discussion is continuing.

On 9/24/08, WSF filed its Answer to the Complaint.

On 10/3/08, MM&P Counsel requested the 10/10 hearing be cancelled; the parties have agreed to defer this matter to grievance arbitration.

 Filed 6/20/08

  Amended 

     6/23/08

  Amended

Swanson

Settlement: Warren

Counsel: 

 Lavitt

 Slown

IBU requested an expedited hearing based upon the negative impact on IBU members when the Summer Schedule is implemented on 6/22/08.

On 6/23/08, IBU filed an amendment to its complaint to respond to question 6 on the complaint form.

On 6/26/06, IBU amended its complaint to add allegations of additional unilateral changes in working conditions for the Summer Season.

During the 7/15/08  settlement conference, the parties made significant progress toward resolving the matter. They agreed it was unnecessary to schedule a hearing at this time.

On 7/25/08, AAG Slown reported that counsel are communicating over agreement language. Most of this complaint should be settled. A second settlement conference will be scheduled on Issue 4; the parties did not have time to discuss it during the 7/15 conference.

 On 8/29/08, IBU requested that a hearing also be scheduled.

On 10/24/08, IBU provided MEC with a copy of the parties' agreement resolving issues 1 and 2 of the complaint.

During the MEC settlement conference on 11/7/08, the parties reached agreement on a third issue. Only issue 4 remains open.

 Filed 8/1/08

Warren

Settlement: Swanson

Counsel: 

 Pelland

ACTION:  A settlement conference is scheduled for 12/11/08, the hearing for 1/9/09.

Commissioner Warren has a schedule conflict on 12/11. MEC has substituted Chairman Swanson as mediator for the 12/11 settlement conference. Commissioner Warren has been reassigned as Hearing Examiner.